ex Essays - Rape, Date Rape, Consent, Laws Regarding Rape

The legal problem that Lois Pineau is concerned with is being able actually prosecute a man charged with date rape. Date rape does not involve and physical injury or violence and since violence is a key factor in convicting rape it is hard to convict any man of date rape. A jury has to be sure that the man charged knew what he was doing, his partner was not consenting, and he freely chose to continue anyway. It is left to the women to defend of any advanced completely and clearly, and since both parties are known to each other it is. We often believe that the woman was asking for it by dressing provocatively or flirting with him. By accepting a date with this man she is signing a nonverbal contract that states she is obligated to allow him to demand she satisfy the terms of their contract. (b) The communicative model is communication between individuals using body language. You?re not just listening to the words that are being said but you?re also paying attention to their body language. She makes references on good conversationalist who are able to pick up on the body language of the person their talking to and be able to know what topics to talk about and what topics are off limits. The same thing can be used for two individuals who are engaged in sexual activity. More importantly he will not only listen to the words that she?s saying but understand that she might be saying ?yes? but her body is saying ?no?. (c) The communicative model should help the main legal problem by eliminating the question of whether or not he knew what he was doing. By using the communicative model he will treat any negative or angry body responses as a sign that any sexual activity will not be welcomed. He will not bombard her with his own sexual desires but with the mutual enjoyment of the act. He can be persuasive but not forceful or overbearing with his feelings, he?s able to understand her feelings and sympathize with her wishes and empathy will enable him to care. Intuition will help him to determine his partner?s responses. (d) The model is a mindset or point of view that determines what is good and what is bad. it sets the standard that we follow. What Pineau means is if we take the point of view of communicative sexuality and make it the standard requirement.